Queen of Sweden Historic Marine Protected Area - designation proposal: final business and regulatory impact assessment – 18 July 2025

Section 1: Background, aims and options

Background to policy issue

Historic Scotland’s strategy for the protection, management and promotion of marine heritage 2012-15 (‘the Marine Strategy’) established an objective of delivering a well-managed group of Historic MPAs, designated under the Marine (Scotland) Act 2010.

As part of work to deliver this objective, Historic Scotland committed to considering a small number of currently undesignated sites for protection on the basis of ‘national importance’. This work is being continued by Historic Environment Scotland (HES), since its establishment on 1 October 2015, as the lead public body for the historic environment, and advisor to Scottish Government on Historic MPAs. This BRIA assesses the impact of the proposed designation of the Queen of Sweden wreck, Shetland.

The proposed action follows an application made by a third party to HES in April 2015, to assess the Queen of Sweden as a Historic MPA. HES completed their assessment and, as advisor to Scottish Government on marine heritage issues, provided advice to the Scottish Government.

This work by HES forms part of a programme of work to help protect and, where appropriate, enhance our most important marine heritage assets in such a way that they can be valued, understood and enjoyed.

Purpose/ aim of action and desired effect

The Marine (Scotland) Act 2010 includes powers to conserve Scotland’s outstanding marine natural and cultural heritage through a single system of MPAs, with Historic MPAs used to protect ‘marine historic assets’ of national importance.

By delivering its objective and aligning marine heritage protection within the Scottish Government’s overall approach to the management of the marine environment, HES will be helping to support the Scottish Government’s vision for a ‘clean, healthy, safe, productive and biologically diverse marine and coastal environment that meets the long term needs of people and nature’, including the development of a network of MPAs in the seas around Scotland. In so doing, HES is also contributing to the Scottish Government’s National Performance Framework’s Environment National Outcome:

• We value, and enjoy, protect and enhance our built and natural environment. and protect it and enhance it for future generations

The step proposed is in line with the UK Marine Policy Statement^[2] and the Historic Environment Policy for Scotland^[3]. It also helps to deliver international obligations under the European Convention on the Protection of the Archaeological Heritage – more commonly known as the ‘Valetta Convention’ – which requires that the historic environment, on land and under water, is protected.

Options

In the circumstances, the Scottish Ministers have considered two options:

Option 1 – the ‘do nothing’ option.

Statutory protection for a site of national importance is not taken forward. The Shetland Islands’ Marine Spatial Plan 2015 (MSP HIS3) may afford some level of protection, but this would unlikely prevent potential damage to the wreck or continued removal of artefacts (unless that removal falls within the scope of marine licensing and works licensing). As such, the site may continue to be at risk from unregulated salvage activities.

Option 2 –designate the site as a Historic MPA.

Designation provides implementation of the policy legislated for by the Scottish Parliament under the Marine (Scotland) Act 2010. It contributes to the objective of establishing a well-managed group of Historic MPAs in the seas around Scotland to help protect Scotland’s most important marine historic assets in such a way that they can be valued and enjoyed. Protection is achieved by virtue of a single system for MPAs to protect Scotland’s outstanding marine natural and cultural heritage that is aligned with the new marine planning/licensing system. This option delivers additional controls in respect of activities, such as salvage, that may continue to be targeted at this site.

Sectors/ Groups affected

The Scottish Government and HES have considered the impact of the options against socio-economic data published in National Marine Planning interactive (NMPi). Prior to consultations, discussions were held with Shetland stakeholders through the Shetland Marine Spatial Planning Advisory Group (now Shetland Islands Marine Planning Partnership.) This research has assisted in identifying the following socio-economic interests, as summarised below:

Aquaculture

No current activity and none understood to be planned nearby.

Developed Coasts

The coast is largely developed in vicinity of the wreck.

Discharges / Waste Disposal

The nearest dredge disposal site is located off the north coast of Bressay island, c. 4km to the West of the wreck.

There may be storm outfall pipes in the vicinity.

Energy Generation and Transmission

No current generation activity or planned generation activity is in the area.

No cabling is known to run through the area (either power or communications).

Fisheries

Discussions with stakeholders on Shetland indicate that, due to location of the wreck (inside the harbour limits and close to the shore) and nature of the seabed (rock and reef), scallop dredge activity does not take place in the designation area.

Limited creeling activity is understood to take place around the wreck, particularly during winter months.

The assessment hasn’t obtained precise figures of the number of creeling vessels using the area but estimates suggest this may be up to six.

Flood and Coast Protection

No significant infrastructure of this nature is noted in the area of the wreck.

Gathering / Harvesting

Sea angling is understood to take place in the vicinity of the wreck. There are currently no proposals for seaweed harvesting.

Marine Traffic

The site lies within the area of responsibility of Lerwick Harbour Authority.

The main ferry and shipping route into the harbour lies around 200-300m to the east. An automated navigation light stands on land at Twageos Point.

The harbour handles over 5,000 vessels annually including ferries, cruise ships, large fishing vessels, oil and gas supply ships and vessels engaged in decommissioning work.

Military Activity

There is no known military use of the sea area in the vicinity of the wreck.

Mineral Extraction

None known or known to be planned in the area of the wreck.

There is currently no maintenance dredging carried out within the harbour authority limits, however capital dredging was undertaken in 2008, and may be required in the future for waters off Victoria Pier and the North Ness channel (c-1-2km to the north west of the wreck).

Oil and Gas

There is no extraction in the vicinity of the wreck although, as noted above, Lerwick Harbour handles oil and gas related work.

Recreation and Access

Around 500 yachts per year visit Lerwick harbour.

There is a charted anchorage in Brei Wick to the south west of the wreck, but the site itself is not favoured for anchoring, as it lies relatively close to the main shipping navigation channel. The wreck is known to be visited by recreational divers and is mentioned on the website of several dive charter companies. Lerwick Harbour Authority ask that divers who want to dive on the wreck make prior contact with them.